and so many of you brougwrote t us, thank you for sharing. kelly wright and jamie colby are standing by to take over from here. thank you for joining us today. make it a great day everybody. fox news alert another fixture in the u.s. senate is saying goodbye. tom harkin is not running for a 6th term next year, saying, quote, it's just time to step aside. harkin has been a mainstay for decades and departure possibly opens up the door for republicans to pick up a seat. the third big name senator to announce his retirement in recent day, coupled with saxby chambliss from georgia and rockefeller from virginia.

but first, what's expected to be a first battles over president obama's cabinet positions. >> jamie: i'm jamie colby. great to be here, inside the news headquarters. the president has drawn sharp criticism for two of the top financial regulatory posts. mary jo white, he wants her to plead the securities and exchange committees and richard cordray and whether there's a chance for a smooth confirmation. >> reporter: hi, jamie, the same day in 2012, president obama use add reset appointment to reinstall richard cordray for the consumer financial protection

bureau and used recess appointments for three spots on the national labor relations board and yesterday, the court ruled that the nlrb appointments were unconstitutional and said nothing about cordray and since his appointment runs out the end of this year, president obama renominated him this week. >> he's helped protect americans from predatory lenders, launched a campaign to help families make smart decisions about college and cracked down on credit card companies that charged hidden fees. >> the last year, 45 republicans said in a letter, they would never vote for anyone to head that bureau and republican senator mike crapo says until key structural changes are made to the bureau to ensure accountability and transparency, i will continue my objepposition to any nominee for director. not all of his nominees are encountering such opposition, senator john kerry received

bipartisan support at his confirmation hearing on thursday. >> the airplane, the one that says on the side, united states of america, lands anywhere in the world, i will be proud that it will be john kerry representing us. >> should he be confirmed, i'm confident he will be, and become our next secretary of state. i'm sure we'll have our disagreements which i know neither one of us will hesitate to bring to the other's attention. >> ever since key new york democratic senator chuck schumer softened his stance on former nebraska senator chuck hagel, president obama's nominee for defense secretary, hagel has been able to slowly grow a little more support in the senate ahead of his confirmation hearing and now though, some senators are raising questions about deputy national security advisor john brennan's chances of becoming cia director since at least one democratic senator has an issue with mr. brennan's role in the government, targeting americans that we thought were

involved in terrorism, such as anwar al-awlaki, jamie. >> jamie: thank you so much for the look there. thank you. and as peter mentioned the federal court of appeals did unanimously ruled that president obama violated the constitution when he bypassed with a recess appointments that involved three vacancies to the national labor relations board. a tactic both parties used to keep presidents appointing people they don't like and the president claims he acted properly because the senate was away for the holidays, but the federal court didn't agree, instead that the senate was still technically in session. what does it mean for the country's labor board and union battles that are raging across our country? well, coming up, we're going to take a very interesting look at this with jay sekulow and one of the attorneys arguing that the administration had violated our constitution. he will join us live just moments away.

>> now more than ever we must do these things together as one nation and one people. my fellow americans, we are made for this moment and we will seize it so long as we seize it together. [applause] >> we do not believe that in this country freedom is reserved for the lucky, or happiness for the few. you and i as citizens have the power to set this country's course. >> kelly: that was president barack obama during his second inaugural address, just last week. and urging for more unity in the years ahead. but according to a brand new fox news poll on the president's job performance, the vast majority of registered democrats and republicans are anything, but in unison. in fact, according to another fox news poll more voters thinks that's because the president has gotten more confrontational raising new questions about his ability to

effectively unite lawmakers and the country. let's bring in our political panel to weigh in on this issue, angela mcglowan and maxwell, a democratic strategy. great to see you both. you know, currently president obama is on pace to become the most polarizing president yet. and his predecessor george w. bush had a 61% polarization rate and the fox news poll shows him polarizing into the second term. >> well, you know what, kelly, it's not all his fault. >> kelly: good points. >> we've had more politicians in washington put politics before policy. having said that, reagan was a great leader, bill clinton was a great leader. reagan cut deals with tip o'neill. bill clinton cut deals with newt gingrich. you have to compromise. obama is a great or atore and

motivational speakers and he's he not been a great leader, but takes republicans coming to the table as well. >> kelly: well, why is it, why does this kind of problem exist for the president who wanted to become the unifier in chief and yet, in many ways he's perceived as the divider in chief. well, i think, you have to look at how republicans have treated the president since he's been elected into office and now reelected. now, half of the republican party doesn't believe the president is the citizen of the country-- >> that's not true, that's not true. >> 49% of republicans-- >> and that's the poll, not everybody believes in-- >> i said 49%, i'm not saying all republicans, but that's a significant amount of republicans and if you don't even believe that he is a legitimate leader of the country that's very difficult divide for him to close to govern everyone. i think when he's trying it make a deal with john boehner and republicans led by eric cantor are walking away from the table, i think that's on

the republicans and not necessarily the president. and i agree with angela, it's really not his fault. >> kelly: exactly, angela, you said it wasn't his fault. >> right. >> kelly: and you come into the first term and people on the opposite side our definiting, making sure he's a one term president. >> and mitch mcconnell said that. >> kelly: and like president bush, however, president obama continues to make overtures towards bringing americans together and recently sought to do this in the inaugural address. the critics say this speech was too liberal and fell far short of unifying, we the people. what's your perspective on this? >> kelly, it's one thing to make a speech, but you will know them by their fruits. let's go to the fiscal cliff negotiations. as i said before, when boehner offered raising taxes on people who make 1 million and above, that was nancy pelosi's proposal. and before that, he brought things to the table that came from the president's own debt commission and the president said no, no, no, my way or the

highway. and that's not how you cut deals. so, by saying that it's not his fault altogether, yes, republicans do have some blame. when one of our leaders say we're going to make sure that president obama is a one-termer that's not how you lead, but now it's time for both of them to come together. this is supposed to be the transparency president, he hasn't been that transparent. >> kelly: right you are about that. he does have problems with transparency as he discussed in his first term. perhaps at that was the glow of becoming the first african-american president of the country. but look, the bottom line here, the greatest actually begins in the homes of its people. therefore, what do we the people have to do to form a more perfect union? what should we be doing? >> we need to call in our representatives in congress, when you're talking about the fiscal cliff and the debt ceiling or passing the american's jobs act to get americans back to work, that requires we the people and why the speech was so powerful on monday. it's not about me the government.

he's not talking about the government, he's talking about citizens coming together and putting pressure on elected officials to do what's right to help our fellow citizens and i think that that is the unifying message that we all need to take away from monday. it wasn't necessarily a partisan speech, it was a progressive speech, that's true. >> a very liberal speech. >> he was a very american unifying message. >> kelly: angela. the final word. >> in his speech, the government is for the people, by the people. so she's right. we have the responsibility to state our grievances and we need call on members of congress and they're not doing what they're supposed to do, vote him out. >> kelly: and we thank you ladies for joining us and sharing your insights and perspective where things stand with the president being the unifier in chief or the divider in chief, but we, the people, should step up and try to be more proactive as well. >> thank you. >> jamie: thanks, kelly. a major push for gun control playing out right now in our

nation's capital and i want to show you this picture. activists are rallying this saturday in the wake of that massacre in newtown, connecticut. this is happening after lawmakers grapple with some of the most far reaching gun control measures we've seen in decade. our molly henneberg is live from the national mall in washington and i understand there are rallies on both sides, molly. >> that's right, jamie, here at this one, education secretary arne duncan spoke and said the president and vice-president would do all they could to get more gun control legislation passed. as you were saying a couple of seconds ago, this march on washington for gun control grew out of the tragic shooting in newtown, connecticut and one of the main goals of participants here is a ban on assault weapons. >> when those parents lost their children, everyone in america tried for them and that's -- it's time like the sign says here, enough is enough. there's no reason for this to happen.

you don't hunt with semi automatic weapons. >> i think we need to all agree on assault weapons. i think that my students have the right to feel safe in schools. i feel that my child has a right to feel safe in his scho school. >> reporter: president obama and senate democrats have been pushing for more gun control laws and the senate judiciary committee will begin hearings on it next week. some senate democrats have not signaled whether they will support the president's efforts. keep an eye on the senate democrats as these discussions continue in washington. montana's max baucus, and alaska, and mark pryor, rural states where hunting is part of the culture and three men up for reelection next year. and there also was a small pro second amendment gathering on the mall today. they support armed guards at schools, and they say more gun laws are not going to stop those with mental health problems with committing violent acts.

>> this is not about school shootings. school shootings can be stopped, but it's not by taking away the right to bear arms from legitimate law abiding citizens. >> also here at the rally here behind me they're waiting to hear from actress kathleen turner, one of the final speakers, jamie. >> jamie: molly henneberg on the national mall in washington, thank you, molly. >> kelly: alarm bells ringing over the nuclear program in north korea satellite rae veals what may be a new challenge for president obama as he begins a second term. details straight ahead. >> jamie: another look at the pictures and concerns over the president's health care law and its impact already on the economy. we've got new polls from small businesses and how they say the law will affect their business and hiring. >> kelly: and still to come, secretary of state hillary clinton face ago wave of tough questions over the benghazi terror attack. how much of her testimony was

fact and how much of it was off base? we investigate. . >> the american people deserve to know answers and they certainly don't deserve false answers and the answers that were given the american people on september 15th by the ambassador to the united nations were false. breathe, and how that feels. copd includes chronic bronchitis and emphysema. spiriva helps control my copd symptoms by keeping my airways open for 24 hours. plus, it reduces copd flare-ups. spiriva is the only once-daily inhaled copd maintenance treatment that does both. spiriva handihaler tiotropium bromide inhalation powder does not replace fast-acting inhalers for sudden symptoms. tell your doctor if you have kidney problems, glaucoma, trouble urinating, or an enlarged prostate. these may worsen with spiriva. discuss all medidicines you take, even eye drops.

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>> welcome back, quick check for your headlines, centers for disease control and prevention. warning of a powerful new strain of norovirus through the country. the stomach bug is contagious and hard to prevent and young children and elderly the highest risk. appeals court throwing out two of four convictions against casey anthony, she was convicted of four counts of lying to authorities during the the investigation and said the disappearance of her two-year-old daughter caylee and she's vowing to keep fight to go clear her name. burt reynolds is hospitalized in florida after flu symptoms. the actor is in intensive care, but doing much better. >> washington's once again on high alert because there is

he' new evidence showing that north korea may be ready it carry out its threat to conduct a nuclear test. we have brand new satellite images and officials say it is at a site where nuclear tests have been conducted before. and these actual images show trucks moving around and tunnels being sealed and all of it happened within the past month. american researchers believe north korea may set off a nuclear bomb inside that very mountain soon. >> kelly: and there are new signs that an old enemy was behind the deadly hostage crisis last week, in algeria. and the obama administration now believes a branch of al-qaeda operating out of northern mali, carried out the attack, terror groups have taken control of a huge chunk of mali, posing new threats throughout north africa. and french forces are trying to dislodge them from their bases and the hostage siege was one of the worst abductions of foreign workers in decades and ended when algerian special forces sformd

the facility. there are reports that the algerian's captured three of the gunman alive. >> and this week, secretary of state hillary clinton did appear before two congressionalal committees giving her most detailed account yet about the deadly terror attack on the u.s. consulate in benghazi. how well did her testimony hold up? >> and chief correspondent catherine herridge looks inside. >> the scrutiny of secretary hillary clinton's testimony on the benghazi attack revealed a lack of consistency. on wednesday, clinton said at the independent review known as arb to buttress her claims that the intelligence picture remained complicated. >> i quote key out the motivations of the perpetrators need to be determined. >> the head of the house intelligence committee also receiving high level

intelligence like mrs. clinton said it was premeditated. >> it was a commando type raid that had direct fire, indirect fire, military movements involved in it. if this was a well planned, well targeted event, no doubt about it. >> reporter: in this exchange before the house committee, mrs. clinton seemed to leave the impression she did not real time access to events as they unfolded. >> at anytime did you see the initial attack on a monitor, or the president? >> congressman there was no monitor, there was no real time, we got the surveillance notes some weeks later. >>, but in october, charlene lamb, one of clinton's subordinates the senior state department safe were monitoring open phone lines to agents on the ground. >> note that in the testimony the diplomatic security command center and you made this statement, i could follow what was happening almost in real time. >> that's correct. >> and while clinton offered this explanation for why

ambassador susan rice took her place at five national media appearances on september 16th. >> i have to confess here in public, going on the sunday shows is not my favorite thing to do. >> in a december interview with nbc after she withdrew from consideration for secretary of state, rice cited grueling week with the middle east with a change of plans. >> reporter: and the secretary showed the benefits of speaking last and underscored mrs. clinton's ability to thread the needle. there was no inconsistency, but did not match completely with the record. >> cower thanks. >> kelly: good report. a warning for the u.s. economy, why a majority of businesses say the country is on the wrong track and how it could impact your ability to find a job. >> jamie: now, we've got the numbers to back that up. plus, the supreme court striking down a number of appointments made by president obama. how it could impact hundreds

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>> a federal appeals court ruled on friday that president obama violated the constitution. what did he do? well, they said he bypassed the senate with a series of recess appointments. that involves three vacancies on the national labor relations board. the president claims he acted properly because the senate was away for the holidays, giving him the right to do it in their absence, but the ruling could throw into question the resist aappointment of richard cordray to head the financial bureau pending right now. his appointment was made at the same time and challenged

in a separate case. let's bring in jay sekulow, chief counsel for the center of law and justice and julia, former staff director of the house reform committee. welcome to both of you, esteemed panel on a really important topic, good to he see you. >> good morning-- afternoon. >> jamie: yes, and both. jay, you first. if this case goes on to the supreme court and first of all, do you think it will? what could be the further implications? >> well, you know, the further implications would be the court could, and i think in all likelihood if the court does agree to take the case, if the department of justice asks to take it, it could have dramatic repercussions, finally interpreting the constitution the way it was designed and that the president violated the recess clause and clearly this court was convinced that these kind of recess appointments were not constitutional. but there is an interesting

issue here, jamie, you asked about the supreme court review and that's whether there's anything for the supreme court to review at this point. in other words, are these apoints still at such a level, are they valid? are they moot? so there's a lot of issues here that may in fact lean against the supreme court taking review and what the president decides to do ultimately. a great day for our position and we're thrilled that the court recognizes the court prohibited what they did. >> and they were personally involved in the case and appreciated the insight on this. julian, it's interesting because the white house obviously made the appointments and president obama wants them to stick, but a bigger issue, they made hundreds, more than 300 decisions with these members on this panel, and the court, the district court or the appellate court ruled that they're not only wrong and illegal, null and void, that it actually is a breach of our constitution, so, who's impacted by the decisions that

are no longer in play? >> it's unclear what will happen to the decisions particularly if there's appeal to the supreme court. the vacating of those decisions could itself be stayed. but, look, this is an extraordinary decision by the d.c. circuit. it overturns over 100 years of precedent. every single president, republican and democrat, during the last hundred years, 150 years, has made these kind of recess appointments, and what the court said yesterday was na the president's constitutional power is limited to extremely narrow window between when congress goes out of session at the end of each year or when you're between congresses, what was going on here was that the house was refusing to go out of session solely for the purpose of thwarting the president's constitutional right to make recess appointments. 90 to 95% of the members of congress were out sunning themselves on the beach. what they do, they go in for a minute each day and we have these, what they call the ridiculous pro forma sessions

where no business is conducted. the sole purpose is intended to thwart the president's constitutional exercise of recess appointment because in the senate they had been blocking many, many, many of his appointments in way na had been unprecedented the way that no other president had been treated. >> jamie: jay, let's-- >> let me make this points. >> jamie: finish your point. >> president obama made 26 of these appointments. president bush, his predecessor made over 140 of these appointments. so, this is very, very well established practice and the court's decision yesterday was totally contrary to over a hundred years of precedent. >> jamie: it is true that other presidents made recess appointments. >> and the-- >> and precedent in this case. >> yeah, because when president bush made appointments the congress was actually in recess. you know, julian keeps talking about the pro forma sessions, the only problem with the analysis he's making, congress was conducting business during the sessions and number one. and number two, the court

decided what their view of the constitution. so, what other people did for the last hundred years doesn't mean that that was correct. there were distinctions between what president bush did and what president obama did, actual business going on, including debt ceiling negotiations and removing the debt ceiling issues, so that the government could still function, legislation was moving forward. commerce committee hearings were taking place, so they weren't out on the beach sunning. the president made a very bold move here, he decided he was going to make the determination of when congress was in recess and the fact is the constitution says that's the job of the congress. and in representing the speaker of the house, which we did in this case, the fact of the matter, it's their determination not the president's and that's what the-- >> let me correct. >> and that's what separation of power means and julian keeps bringing up what president bush did. the fact of the matter is factual distinctions are significant, but you know what the court ruled what the constitution was unless it's

overturned by the supreme court, those decisions and orders that came out by nlrb jamie asked the right questions, null and void because the court said from the inception of these appointments, these recess appointments they were invalid so-- >> julian. >> jamie: let's-- >> i want to correct you on a couple of things. >> jamie: i'll let you of course, but the point is the court did decide that congress was in session. so, to argue what the congressional members were doing at the time isn't really relevant right now until. >> very relevant. >> jamie: until the supreme court-- but the court made a decision, an appellate court ruling that they were and that the president went beyond what he was authorized to do. i understand that you're arguing that the president was in his right to do what he did. but the bottom line is, those members, they're not going to be on the board anymore and the decisions are definitely in question, in fact, right now they are null and void. i want to ask you from your expertise and then please make your points and argument. what's the impact on labor from the fact that those decisions -- 'cause i read the

decisions during the term. there are some very significant choices that were made mostly pro union. >> well, i attempt today answer that in the last question, right now that those decisions are vacated, but that-- vacating of those decisions can be stayed when appealed to the supreme court. >> if it's appealed. >> which it will be. >> and this was an extraordinary position that overturns over a hundred years of precedent. it wasn't-- these are what's called intersession, intra session appointments, rather. and president bush to jay's point-- probable made over 140 of these intrasession appointments. obama had made only 26. these go back every single president over the last hundred years has made these and as to the point as to whether these were congress's actually doing work, most of the days when congress was in session doing-- during this so-called

intrasession, congress house would come in for about a minute or two a day. maybe a couple of pieces of legislation were introduced. >> let me finish the points. but julian-- >> i have to wrap you and jay, we'll give you a quick-- >> and the vast majority of members of congress were out and-- >> and the court of appeals made the decision. >> the definition of a recess. >> that those were unconstitutional and significances of the nlrb and null and void. >> contrary to 150 years. >> jamie: julian, let me ask one question of jay because you argue the case, you wrote the brief, you know the case, very, very well, as does julian. why did the president make these appointments during a recess or what he determined was a recess. >> if congress wasn't going to act, he was going to. he's limited by the constitution. so, he made a recess appointment flies in the face of hundred years of tradition when even the recess

appointments were made because the department of justice and legal counsel for the white house says that kind of recess doesn't qualify and president bush, by the way, i want to make this really clear because you asked this, jamie. >> jamie: quickly. >> distinction what was going on in congress at the time the fact of the matter is three judges of the u.s. court of appeals for the district of columbia held those appointments null and void, they are void. the decisions are void by nlrb and we will see if the department of justice takes this case on. >> jamie: julian final thoughts. >> in half the time. first of all, the reason that obama made those appointments the same way bush and every president in the last hundred years made those appointments was because the senate had been engaged in unprecedented obstructionism and trying to prevent him from operating the executive branch to which he was elected. >> are you saying the democratically controlled-- >> jay, i didn't interrupt you. >> jamie: we've got to go. >> jay, you want to say the house couldn't go out of session, the republicans controlled the house and so congress couldn't go out of session. triggering event. >> unprecedented.

>> jamie: got to go, finish up, we've got to go. >> this is unprecedented. >> thanks for having us. >> overturned 150 years of press dent. i don't think it will be upheld on appeal. >> jamie: so jay, you made the argument in court, and-- jay, you won in court, julian, you make the argument we may hear on appeal. >> i think you will here on appeal. >> jamie: thanks, guys. >> kelly: is well, troubling new signs for the u.s. economy according to a brand new survey, more than 80% of small businesses now say that the economy is on the wrong track. that according to the u.s. chamber of commerce. what's more, over half of small businesses, some 54%, expect business climate for small businesses to worsen in the next two years. and that's not all, 75% of business owners are blaming the affordable health care act, better known to some as obamacare, saying they expect it to increase their costs while only 5% reported it

would make health care coverage more affordable. the new health care law is also expected to put a strain on hiring. 71% reporting that it will make it it harder to bring on new employees. ed butowsky is a managing partner at chapwood investments. his perspective on this. ed, good to see you as always, my friend. i spoke to numerous small business owners and a common theme runs through their story, we're concerned about their future, they cite regulations, the affordable health care law, better known as i said of obamacare and part of the reason for the uncertainty. are their concerns valid though? >> no question about it. if these are their concerns, they are valid and they are the heart of the american economy. i mean, 70% of all hiring, they're small business owners and you know, i'm a small business business person as well. when someone comes in to

interview, i'm hoping they have insurance some other place and affects my impact on hiring. >> kelly: and why does-- >> sure, costs me a lot of money. i pay a fair amount of money, i don't pay a tremendous amount for some of these positions, but in some cases just the health care is about a third of what i pay them. and you know, obviously i don't pay a lot in that case, but $10,000 is what it's going to cost me for a lot of my people to come on board, that's a lot of money that, you know, i want to hire more people, i'm looking to hire people and expand my business, but impacts me just like it impacts every american who is a small business person. >> kelly: so you're paying $10,000 for health care over and above their normal salary and that does affect your bottom line. now, if this uncertainty continues, what impact will this have on the job market? >> sure, and to add on to that, kelly, not only does it cost me more money, but when you look out into the future, you don't have a positive economic picture.

if i knew things were going to be positive or small business owners knew their businesses were going to grow, they might take that risk because when you hire a new person, that might have a ripple effect and create more revenue for our businesses, but because we don't have that clarity and that certainty, and we have an anti-business climate, we have more taxes coming down, down the road, we just don't have the, you know, the feeling that we want to go out and really take that risk and as a result of that, we have stagflation into the economy, less hiring, and we're also seeing prices going up. let's not forget, kelly, every little thing that we spend money on costs quite a bit of money more now than it did a year ago, and two years ago, so we see slowly, but surely, we feel less money in the pocket and a less positive attitude to growing our businesses. >> kelly: consequently, it affects your bottom line and how you hire people. >> sure does. >> kelly: your product development as well. having said that, if 80% of small businesses are saying that the u.s. economy is on the wrong track, can the

president and congress sit down, do something to change this bleak outlook among small business owners so that everyone can get their act together. get on the same page and then find a way to move forward that would be good for the small business owner? >> well, i certainly hope so, because i'm on the front line every day talk to go small business owners and many of them are my clients and there's not a positive feeling, and what we really need to do is, you know, really hit, you know, the pivot button and change direction, a lot of people feel that way. >> kelly: what is that? >> i'm very much a strong believer of less government and i believe if we have less-- i don't want to take regulation away that's going to hurt people, but i think we're overregulated. i think we have too many taxes and i think we have too much of all of that. if we start to get rid of that, people have better clarity and a better outlook, but i will add one thing. >> kelly: real quick. >> add one thing, kelly. people need to really evaluate

their own businesses because the move that they have may not match up with the actual numbers in the business and do a full analysis on your own business. >> kelly: we'll end it there, ed butowsky, so good to have you always, have a good day. >> jamie: a dangerous blast of arctic air is locking much of our country in the deep freeze. how much longer will be sub-zero temperatures left? brrr! a live report in just minutes. [ male announcer ] it's simple physics...

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>> about the extreme weather. a dangerous and icy situation developing across portions of the country today as we see temperatures in the teens and some below zero, a powerful new storm is also making its way through the southeast and heading into the plains. this is video out of north carolina that we're looking at right now. subzero temperatures and roads making for treacherous

conditions. drivers stranded and one driver losing control causing the vehicle to flip over, same in virginia. a school bus there and cars sliding right off the roads. this wintery weather continuing a push of cold air leaving millions in the deep freeze. anna kooiman joining us live in a very cold new york city with more details, hey, anna. >> reporter: brrr, kelly, hello to you and those at home. and residents across the northeast are frozen to the core. piling on layer upon layer, and busting out the puffy coats and jackets and mittens. and frozen fountains, and the mid atlantic in the southeast yesterday dropping up to a few inches of snow and ice and hazardous driving conditions. north carolina taking the brunt. that state seeing hundreds of car accidents from slick roads. across the northeast, temperatures have been 10 to 15 degrees below normal for much of the week and department of transportation crews and contractors in new jersey aren't taking chances monitoring the streets and

putting down assault on the state's 13,000 miles of highway to keep people safe. >> they're predicting the temperature is going up and i don't think it's going to come up above freezing so the salt brine will help it from keeping up and we'll be putting down rock salt, as you can see, we have a lot of rock salt. >> the deep freeze began last weekend before spreading east when factoring in the wind chill temperatures plummeted to negative 50 degrees in some parts of the upper midwest in northern new england. but normal, kelly, mother nature expect today relinquish her cold weather early next week for many portions of the country. back to you. >> anna kooiman, baby, it's cold outside, jamie. >> jamie: song, dance. we have a revealing new study on kicking the habit. if you're going to quit this habit at a certain time in your life, you might save it. we'll be right back. ♪ if loving you is wrong

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[ breathes deeply, wind blows ] [ male announcer ] halls. let the cool in.

>> i'm not sure we ever talked about a study with our medical a-team that could really change your life as much as this one. this is a brand new eye opening study about quitting smoking, it could extend your life for at least ten years.

dr. david somati is here with us from the mount sinai medical center chief of robotics and doc, this is something. first of all, it says if you do it before you're 40 years old, quit smoking, but if you even think you want to reach the age of 80 you can double your chances if you quit. >> yeah, the statistics are unbelievable. a simple way to think about this. you start smoking, and you're going to lose about a decade of your life, that's it the way it goes. it's a serious problem looking at about 45 million americans still smoking in this country. big, big numbers. and smoking not only causes lung cancer, but it really causes about 440,000 preventible deaths in this country. it affects your heart, it affects stroke. the biggest thing that smoking causes, is that it creates a lot of blood clots in the vessels and that's what really kills people. so the great study published in the new england journal of

medicine looking at over 200,000 people over the course of eight years and what they're finding, the sooner and earlier you quit smoking, the better off you are. and you can gain some of those great years back, how does it work? if you quit between the age 35 and 44 you'll gain about nine years back. >> jamie: even if you're a smoker already. >> even if you're a smoking, 45 and 54, you'll gain about six years of your life back. if you start quitting after the age of 65 you only get about four years back, so, the take home message, the sooner you quit smoking, the better off you are, the smoking can stay in your system for 20 years. >> jamie: that's amazing. what about quality of life. once you've been a smoker and you quit, you get those extra years, but are they true healthy years? >> excellent point. now, the effect of it on lungs, and lung cancer and respiratory will stay with you for a long, long time.

and then that's reversible quickly and the best number, if you quit before the age of 40 or 35, it's going to be a wash. so, if you haven't started, don't start. pan if you started, the sooner you quit the better off you are. it's really going to affect your entire system from your brain, vessels, heart, lungs, everything else, it's not a good thing. we've made some progress, jamie. the number since 1970 has been going down, that's big news, but in general, it's still a big struggle. >> jamie: do you think cigarette companies will come after a study like this, it's landmark, but there's always going to be pushback. >> kelly: how can they come back? this is something very important. >> look, our job is to report and for people to get educated. what decision he they make or what the companies are going to do. you've seen a lot of these pictures on the cigarette packages, that has been very effective of people that are dying from this. and they're in there to make money and our job is to educate the public.

so, i think this is a great study that's going to tell us if you have not started smoking, don't touch it. and if you have, it's a good time to quit. >> jamie: we appreciate that information, we're not smockers and i hope you'll pay attention to. tomorrow, i know we're going to talk about the norovirus and aspirin, whether or not it can cause blindness. check out sunday house call tomorrow morning at 10:30 with dr. somati and dr. siegel. and jamie will be there as well along with eric shawn. that will do it for us, i'm kelly wright. >> jamie: i'm jamie colby, great to see you on a busy news room. and take care. the journal editorial report is on the fox news channel. coming up.